A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Employer Retaliation in Workplace
The New Jersey Law Against Discrimination (LAD) prohibits employers from taking reprisals against any employee who files a complaint of discrimination, testifies, or assists in any proceeding brought under the LAD. In order to bring a suit of retaliation against an employer, an employee must first establish a prima facie case of discriminatory retaliation. To do so, a plaintiff must demonstrate that: (1) he or she engaged in a protected activity known to the employer; (2) he or she was subjected to an adverse employment decision; and, (3) there is a link between the protected activity and the adverse employment action which suggests that the adverse action was caused by the protected activity. Battaglia v. United Parcel Serv., Inc., 214 N.J. 518, 547 (2013). Protected activity includes complaining to the human resources department about discrimination, filing a lawsuit against the employer for discrimination under the LAD, participating in an internal investigation of someone else’s complaint of discrimination, etc. Examples of adverse employment actions include termination, demotion, suspension, schedule changes, and salary reductions. Finally, a causal connection between the protected activity and the adverse action may be established by showing that the retaliation occurred soon after the employee engaged in the protected activity (usually within a few weeks or months), the employer or supervisor began to antagonize the employee after he or she engaged in the activity, or that the reason given by the employer for the adverse action is false. Barnes v. Office Depot, Inc., 2009 U.S. Dist. LEXIS 109519, at *31 (citing Kachmar v. Sungard Data Sys., 109 F. 3d 173, 177 (3d Cir. 1997).
Once the plaintiff establishes a prima facie case, the employer must then provide a legitimate, non-retaliatory explanation for the employment decision. Sheperd v. Hunterdon Developmental Ctr., 336 N.J. Super. 395, 418 (App. Div. 2001). Importantly, the employer does not have to prove that this was the real reason for termination. If the employer provides a non-retaliatory reason for the action (for example, poor performance), the employee must then show that this reason is pretext for retaliation. To do so, the plaintiff must present evidence that shows that the stated reason is a lie or that a discriminatory reason is more likely than not the real reason for the adverse action. Employees can usually show pretext by identifying weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer’s proffered legitimate reasons for its action.
Do you believe your employer has retaliated against you? It’s important to act quickly to find out if you may have a claim under the New Jersey Law Against Discrimination. Since every situation is different, an experienced New Jersey employment attorney can help you fully understand your rights under the New Jersey Law Against Discrimination.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with the New Jersey Law Against Discrimination, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.